Revolutionary War Pension and Bounty Land Warrant Application File S. 10646, John J Failing, New York

SERVICE
New York.
Failing, John J.
NUMBER _____
S. 10646
carded.
CONTENTS

11626
8470
Act (H)
New York
John J. Hailing
He 16 years in the State of N. York who was a Private in the Corps commanded by Captain Hons of the Regt. commanded by Col. Wagon in the N. York line for 18 months " "
Inscribed on the Roll of N. York at the rate of 60 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 6 th day of March 1833 and Rev. Mr. J. S. Bell Palatine
Arrears to the 4th of Ma: '33 $120 Pension allowance ending 4 th Sep: '33 30 $150
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by C. S. S. S. Clerk, Book 6. Vol. 4, Page 19

V. Luca Nov
17. 1837
not correct -
But May 27-1838 - given on A.R is death date of John D. Failing , W. 19242 - see Rev. file. - J.L.L. 9/9/38

Mrs. L. Harding Pension letters.
11626
[Faint, mirrored cursive handwriting, likely bleed-through from the reverse side of the page.]

State of New York } Montgomery County } ss. on this 21 st day of September 1832 personally appeared in open Court, before the Judges of the Court of Common Pleas, of said County now sitting, John E. Hailing a resident of the town of Appen- heim, in the County of Montgomery and State of New York, aged either 66 or 67 years, who being first duly sworn deposeth and saith, that the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7 th 1832, is true. That he entered the service of the United States under the following named officers, and served as herein stated. That he entered the service of the United States, in or about the first day of May in the year 1781, under the Command of Colonel Jacob Clark, Lieutenant Colonel Peter Waggoner, in Captain Christian House's Company, the officers of Captain House's company were Lieutenant John Zimmerman, Ensign Henry Zimmerman, Orderly Sergeant Conrad Zimmerman, does not recollect the other officers names. That he entered as he thinks on the first day of May 1781 and in a day or two after- wards was taken prisoner by the British & Indians, and carried to Ogdensburgh now the County of St. Lawrence. From there he was taken to St. Regis, Not far from the place called the French Mills. It was an Indian Castle. That he entered the army in the town of Palatine, so called at that time, now Appen- heim; That he arrived at St. Regis or the Indian Castle, on Sunday and on Tuesday following the Indians held a Council over him to see whether it was best to kill him, or save him as a child; as he was informed by one William Grey a boy the Indians had taken and kept among them, who could talk Indian; and they concluded to save him, because he was a boy; That the Indians took him, dressed him in Indian Clothes and took him back to Ogdensburgh, from there to

Caledon or Charlton Island, That while he was at the last mentioned place, that Capt. Ross, a British Officer wanted him to list in their Service, and he told him he would not, because his Father was a Man for his Country and his brothers fought against the King, and he would not fight against his Country; they then left him with the Indians at the place last of said, That the Indians went then into the forest and what length of time they remained in the woods he cannot state, and returned to the same place, and then back again to Annapolis, then to St. Regis & Coteau again, and from there to Montreal, at which place the Indians sold him to Colonel Campbell a British officer, this was in the fall of the Year, That he remained at Montreal with the British until the fall of 1782, over one Year. That in the fall of 1782, he was permitted to return home to Oppenheim then called Valentine; That on his way home he and the rest of the British had brought them to White Horse they (the British) made them sign a parole before they could be permitted to go home, there were about one hundred & seventy prisoners liberated at that time, and in the same way, it was late in the fall when he got home. That he was a volunteer. That he was a prisoner and in the Service from the time he first entered till he returned home from Montreal either eighteen or nineteen Months. That he has no documentary evidence, and that he knows of no person who can testify to his services but Henry Flander, and Jacob F. Hailing. That he has no record of his age but an entry made by himself. That he hereby relinquishes every claim whatsoever to a pension or annuity except the present, and declare that my name is not on the Pension Roll of the Agency of any State. To the John F. Hailing
Rev. J. Ferguson, Clerk
Subscribed & sworn to the day & year aforesaid
We Jacob F. Hailing in the town of Oppenheim
and Henry Flander residing and County of Green, New York

certify, that we are well acquainted with John J. Y. Hailings who has subscribed and sworn to the above declaration, that we believe him to be of about 66 or 67 years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion & that he was sworn to & subscribed, - taken a Prisoner as stated by him & I know the day and year of his return about the time stated by him -  Geo: D. Ferguson, Clerk Jacob J. his Hailings  Henry his Flander
The following interrogatories were put to the said John Hailings and answered by him. When and in what year were you born? That he was born in the year 1765, at 1765 and in the town of Palatine, and County of Montgomery and State of New York, and is about 66 or 67 years of age.  Then you are now of your age? That he has none, but an entry made by himself. Where were you living when called into service? That he was living in Palatine now called Oppenheim Montgomery County and State of New York, and has lived there ever since that time. How were you called into service? That he volunteered. That the names of the regular officers as far as he can remember was Colonel Jacob Black, and he is the only field officer he can remember excepting his Company officers. That he has no minutes in his neighborhood other than to certify to his character -  Sworn to & subscribed the day & year of our Lord one thousand seven hundred and eighty five.  Geo: D. Ferguson, Clerk John J. Hailings
And the said Court do hereby declare their opinion after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary soldier, & served as he states. And the Court further certifies, that it appears to them that John J. Hailings, Jacob J. Hailings & Henry Flander who have signed the preceding Certificate are residents in the town of Oppenheim and

County of Montgomery, and are credible persons and that who has also signed the same is a resident of the same place, and is a credible person and that their statements is entitled to credit. & that the annexed affidavits were sworn & taken in our said Court according to Law - & that no clergyman resides in the neighborhood of the Applicant -
I George D. Ferguson Clerk of the Court of Common Pleas of the County of Montgomery do hereby certify that the foregoing annexed contains the original proceedings in the matter of the application of John J. Haling, for a pension. In testimony whereof, I have hereunto set my hand and seal this the 21 st day of September eighteen hundred & thirty- two.
Geo: D. Ferguson of office

I am giving 6 cents. p. Jacob I. 4 Trailing being duly sworn deponeth and saith, that John I. Trailing is a brother of this deponent, and that he knows, that his brother John, the person who subscribed the annexed declaration, and the person therein named, was a prisoner or taken prisoner by the British, and that this deponent went and brought the said John home to his father's House, after he had got permission to leave the British  army That the news came that there were a number of our people liberated, and this deponent went immediately to bring the said John home: That it was in the year 1782; And this deponent further saith, that the said John, at the time he returned home in 1782, told the same story concerning his being taken prisoner by the British & Indians, that he has related in his declaration hereto annexed, and that he has heard him relate the same, frequently, since that time, and knows he was gone for the length of time he has stated in his declaration.  Jacob I. 4 Trailing
Subscribed and sworn to the 21. day of September 1832 Before me  John L. ... 
Geo: D. Ferguson Clerk

Montgomery County ss:
Henrylander being duly sworn deponeth, and saith, that he resided in the same town with John Shilling, and that in the year 1781, he lived in the same neighborhood with him, and that at the time, the said John was a prisoner in 1781, it was reported that he had been taken prisoner by the British & Indians and was taken off in the neighborhood & company when this deponent was, that time, this deponent was a soldier at the same, in the Nine Months Men, at or near the place where the said John was taken prisoner, and this deponent further saith, that the said John was absent for a long space of time, and he thinks it was about the space of time stated in the said John's declaration, hereto annexed, and this deponent further saith that he has no doubt, but, the said John was taken prisoner and dealt with in the manner set forth in his said declaration, hereto annexed, and this deponent further saith, that the said John is a man of Good Morals, and is also a man of truth and veracity, and has always been & reputed such, from his boyhood up to the present day.
Henrylander mark
Subscribed & sworn to this 21 st day of September 1832 in open court Before me
Geo: D. Ferguson, Clerk

Brief - No 11626
Eno. J. Failing
45.
Sep 26 1835 Dec 7 1835
(C. D. 38)
John Millis Palatino NY

N o 11,626
BRIEF in the case of John J. Gailing of Oppenheim County of Montgomery — in the State of New York — (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge?
Before a Court —
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he?
either 66 or 67 years
4. State his service, as directed in the form annexed.
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     In 1771 at or about 1 st May was taken by the Indians and sold to a British Officer and rem d until fall of 1782 — was then permitted to return home — As a Gen. Col o Jacob Clock — Lt. Col o Peter Waggoner — Capt. House in all either 18 or 19 months  
5. In what battles was he engaged?
none
6. Where did he reside when he entered the service?
at Palatine now Oppenheim New York —
7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls?
2 living Witnesses & traditional evidence
8. Are the papers defective as to form or authentication? and if so, in what respect?
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
James Ad
Examining Clerk.

Whereas I Abraham Hailing, am a son of John I. Hailing deceased, who was a private in the war of the Revolution, and was allowed a pension for his services at the rate of Sixty Dollars per Annum. And whereas I am advised, and believe that his children are entitled to an increase of his said pension, for, or on account his services in the war of the Revolution, Now therefore I do hereby constitute and appoint Vincent Luce , Esq. of the city of Washington my true and lawful attorney, for me and in my name, and in the name and behalf of all the children of the said John I. Hailing deceased, to present, and prosecute our claim to such increased amount of pension as we may be by law entitled to, —
Witness My hand and seal at St. Johnsville this 4 th day of September A.D. 1851 —
Executed in presence of { Caleb H. Hovey { Caleb Hovey { Abraham Hailing
State of New York } Montgomery County } ss.
On this 4 th day of September A.D. 1851 — before me the Subscriber a Justice of the peace in and for said county, personally appeared Abraham Hailing above named, and to me known, and acknowledged the foregoing power of attorney to be his act and deed, — Caleb Hovey Justice
State of New York } Montgomery County } ss.
Abraham Hailing of the Town of St. Johnsville in said county, being duly sworn, doth depose that he is a son of John I. Hailing deceased, named in the foregoing power of attorney, and that he is directly interested as one of the in the claim and

Application about to be made for an increase of the pension of the said John O'Farling as now Sworn to and subscribed by this 4 th day of September A.D. } Abraham Lailing 1851 before me Jas H. Egan } Justice
STATE OF NEW YORK, } ss. Montgomery County Clerk's Office.
do hereby certify that
James H. Egan
I, J. W. VAN DERVEER, Clerk of said County, Esquire,
whose name is subscribed to the certificate of proof or acknowledgment to which this is annexed, was on the date of the same a JUSTICE OF THE PEACE, in and for said County, duly qualified, and authorised by law to take the same, and that the said certificate of proof, &c., is taken according to the laws of this State. And further, that I am well acquainted with the hand writing of said JUSTICE, and verily believe his signature to the said Certificate is genuine.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name, and affixed my official seal, at FONDA, this 5 th day of Sept 1851.
J. W. Van Derveer Clerk.

July 18, 1939.
Mr. Reuben Elmer Failing 609 Harrington Street Wilmington, Delaware.
BA-J/ILL John J. Failing S. 10646
Dear Sir:
The data which follow were obtained from the papers on file in pension claim, S. 10646, based upon service of John J. Failing in the Revolutionary War.
John J. Failing was born in the year 1765, in Palatine, New York, which town was later Oppenheim, Montgomery County, New York. The names of his parents are not shown.
While a resident of Palatine, New York, he volunteered May 1, 1781, served as private in Captain Christian House's company, Colonel Jacob Clock's New York regiment, on May 3, was taken prisoner by the enemy and carried to an Indian Castle at St. Regis, where he arrived on Sunday; he stated that "on Tuesday following the Indians held a council over him to see whether it was best to kill him, or save him as a child, as he was informed by one William Guy a boy the Indians had taken out and kept among them, who could talk Indian; and they concluded to save him, because he was a boy! That the Indians took him, dressed him in Indian clothes and took him back to Augdenburgh, from there to Candon or Charlton Island, That while he was at the last mentioned place, Maj. Ross, a British Officer wanted him to list in their service, and he told them he would not, because his father was a man for his country and his brothers fought against the King, and he would not fight against his Country; they then left him with the Indians at the place last aforesaid. That the Indians went into the forest and what length of time they remained in the wood he cannot state, and returned to the same place, and then back again to Augdensburgh, then to St. Regis Castle again, and from there to Montreal, at which place the Indians sold him to Colonel Campbell, a British Officer, this was in the fall of the year. That he remained at Montreal with the British until the fall of 1782,
Son no S in Augden- burgh?

over one year. That in the fall of 1782, he was permitted to return home to Oppenheim, then called Palentine". The British made him sign a parole before they permitted him to leave. He was released October 3, 1782. Jacob Failing, the soldier's brother, went and brought him (John J. Failing) home to his father's house.
John J. Failing was allowed pension on his application executed September 21, 1832, at which time he resided in Oppenheim, Montgomery County, New York.
In September 1851,,Abraham Failing, a son of the soldier, John J. Failing, resided in St. Johnsville, Montgomery County, New York. He referred to "all of the soldier's children" but did not state any names of said children. The name of the soldier's wife, and the date and place of their marriage were not given. The soldier was deceased in 1851.
In 1832, Jacob J. Failing, the soldier's brother, was a resident of Oppenheim, New York.
In order to obtain the date of last payment of pension, name and address of person paid, and, possibly, the date of death of this pensioner, you should address The Comptroller General, General Accounting Office, this city, and cite the following:
John J. Failing Certificate #8470 Issued May 6, 1833 Rate $60 per annum Commenced March 4, 1831 Act of June 7, 1832 New York Agency.
Very truly yours,
A. D. HILLER, Executive Assistant to the Administrator.

Rev War
10646
✓ INVALID.
File No. 10,646
John J. Gailing Briv. Rev. War.
Act: June 7 th 1832
Index:—Vol. a , Page 121
[Arrangement of 1870.]

1938 - Sept. 9 - Mrs. E. B. Chapman - LHS 1939 - July 18 - Hist. to Mr. Reuben E. Cline Failing letter in Rev. Jack J. Fairling N. 21092 - LHS

Sept 9 th 1857
Powers of Attorney in cases of John G. Failing deqd. and Cornelius & Barbara van Camp, deqd.
Final Decree Present E. H. Comm v. Parsons  Esq
Mr. Triplett Sep 9. 1857

Sept 9 th 1857
Powers of Attorney in Chancery of England. Fathrop dead with Gorellins & Barden Van Camp's Heirs
Chas Purdie Comm n Pleas Final Dec ee Present
J. E. Hunt N. J.
Mr. Ingham Sept 9. 1857

State of New York
Montgomery County ss. Personally appeared before me, the undersigned a Justice of the Peace in the Town of Oppenheim in said county this 14 th day of January A.D. 1833.
John T. Failing who being duly sworn according to law, deposes & states, in order to amend his declaration in his original proceedings for a Pension, that by reason of old age & the consequent loss of memory he cannot swear positively as to the precise length of his services, but according to the best of his recollection he served not less than the periods mentioned below, in the following grade viz: That he served as a private soldier in Capt. Christian House's Company from the first day of May A.D. 1781. to the third day of May A.D. 1781. for two days - & that on the said third day of May 1781. while in said service as aforesaid he was taken prisoner as set forth in his said declaration & continued to be kept as such prisoner from the said third day of May 1781. to the third day of October A.D. 1782. for over one year & six months when he was liberated - For such service at the time of his imprisonment he claims a Pension -
 1. mentioned below, in the following grade viz: That he served as a private soldier in Capt. Christian House's Company from the first day of May A.D. 1781. to the third day of May A.D. 1781. for two days - & that on the  2. said third day of May 1781. while in said service as aforesaid he was taken prisoner as set forth in his said declaration & continued to be kept as such prisoner from the said third day of May 1781. to the third day of October A.D. 1782. for over one year & six months when he was liberated - For such service at the time of his imprisonment he claims a Pension - 
The words "of War" interlined before execution
Subscribed & sworn to this 14 day of January A.D. 1833. before me
John T. Failing
Ashbel Loomis Justice of the Peace

State of New York, Montgomery County. ss. I, George D. Ferguson Clerk of the Court of Common Pleas in & for said County do certify that Ashbel Loomis Esq. before whom the foregoing affidavit purports to have been sworn was at the date thereof a Justice of the peace in & for the County of Montgomery - that I am acquainted with the hand writing of the said Ashbel Loomis & merely believe his name subscribed to the said affidavit to be his proper hand writing His nature & in conformity to the directions of the said Court do further certify that Jacob J. Trailing & Henry Flander who signed the Certificate in the original proceedings hereunto annexed & to whom I administered the oaths as to the truth of said Certificate are respectable persons residing within said Town of Oppenheim in said County & are entitled to credit. In testimony whereof I have hereunto set my hand & affixed the Seal of My Office this 14th day of February A. D. 1833
Geo: D. Ferguson

COPY
Nov. 17, 1851.
V. Luce , Present.
Sir:
The claim of John J. Failing, unsupported, as it was, by competent evidence, was allowed for all the service claimed by him, and as no reason is perceived to support that he served longer than he himself asserted, no evidence can be allowed.
Very truly yours,
Signed- J. Wilson.
ILL-Sept. 9, 1938. Copied from Correspondence 1851 Book.

Washington Sept 8 th 1857
Sir Enclosed herewith is a Power of Attorney from Abraham Harding son of John I. Harding who was a pensioner under the act of June 7. 1832 at the rate of $60 per ann:
It is alleged in this case that the aforesaid county fathers was intitled at the time of his death to an increase of his pension
An opportunity of examining the papers in this case is requested
Respectfully
Your Ob t serv t V. Lucas
J. E. Heath Esq. Commissioner of Pensions

John S. Failing
W V D 3-
W Cole
Sept 12 51
J. E. Heath Esq
Comm. Pensions
not to be out unless a power of attorney is filed
60
W Luce
Sep - 16 - 1857

Washington Sept 12 1857
Sir An opportunity of examining the papers of John I. Huling late a prisoner under the Act of June 7. 1832 at the rate of $60 per annum is requested Respectfully Your Obs serv't V. Luce
J. E. Hunt Esq Comm r Pensions
Will Mr Cole please send me the papers in the above case
Ym
Sept 12 '57

Broadalbin, N.Y., Aug. 5, 1938
Department of Revolutionary Records, Washington, D.C.
Gentlemen:-
The Census of Pensioners, 1840, contains the names of two men: from Town of Oppenheim, Fulton Co. N.Y. :
✓ Jacob Failing , then 79 ✓ John J. Failing , then 74.
I would like to ascertain facts concerning their Revolutionary service, and any family records contained in their applications.
Very truly yours,
Mrs. B. E. Chapman

July 18, 1939.
Mr. Reuben Elmer Failing 609 Harrington Street Wilmington, Delaware.
BA-J/MCHP/ILL John J. Failing S. 10646 Jacob J. Failing - See letter W. 21092
Dear Sir:
Reference is made to your letters in which you request the Revolutionary War records of Henry, Nicholas, Jacob, John and Richard Failing, variously spelled, all of New York State.
There is no claim for pension or bounty land on file based upon service in the Revolutionary War of a Henry, Nicholas or Richard Failing. All spellings of that name used in the search.
The record has been found of one Jacob Failing, only. His record and that of a John Failing are furnished you herewith. It is regretted that your first letter could not have been reached in its turn at an earlier date.
Very truly yours,
A. D. HILLER, Executive Assistant to the Administrator.

September 9, 1938.
Mrs. E. B. Chapman Broadalbin New York.
BA-J/ILL John J. Failing S. 10646
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War records of Jacob Failing and John J. Failing, both pensioners of Oppenheim, Fulton County, New York, in 1840.
Because of the great demand for Revolutionary War data and the limited clerical force available for furnishing information in regard to soldiers of that war, it is impossible to comply with each request pertaining to Revolutionary War pensioners. The record of John J. Failing is furnished herein as found in the papers on file in his claim for pension, S. 10646, based upon his service in that war.
John J. Failing was born in the year 1765, in Palatine, New York, which town was later Oppenheim, Montgomery County, New York; the names of his parents are not given.
While a resident of Palatine, New York, he volunteered May 1, 1781, served as a private in Captain Christian House's company, Colonel Jacob Clock's New York regiment, two days until May 3, when he was taken prisoner by the British and Indians, was carried to an Indian Sastle at St., Regis, arrived on Sunday; he stated that "on Tuesday following the Indians held a counsl over him to see whether it was best to kill him, or save him as a child, as he was informed by one William Guy a boy the Indians had taken out and kept among them, who could talk Indian; and they concluded to save him, because he was a boy: That the Indians took him, dressed him in Indian clothes and took him back to Augdensburgh, from there to Gandon or Charlton Island, That while he was at the last mentioned place, Maj. Ross, a British Officer wanted him to list in their service, and he told him he would not, because his Father was a man for his Country and his brothers fought against the King, and he would not fight against his Country; they then left him with the Indians at the place last aforesaid, That the Indians went into the forest and what length of time they remained in the woods he cannot state, and returned
Mrs. Finch said to copy this.

to the same place, and then back again to Augdensburgh then to St. Regis Castle again, and from there to Montreal, at which place the Indians sold him to Colonel Campbell, a British Officer, this was in the fall of the year. That he remained at Montreal with the British until the fall of 1782, over one year. That in the fall of 1782, he was permitted to return home to Oppenheim, "then called Palentine". The British made him sign a parole before they permitted him to leave. He was released October 3, 1782. Jacob Failing, the soldier's brother, went and brought him (John J. Failing) home to his father's house.
John J. Failing was allowed pension on his application executed September 21, 1832, at which time he resided in Oppenheim, Montgomery County, New York.
In September 1851, Abraham Failing, a son of the soldier, John J. Failing, was a resident of St. Johnsville, Montgomery County, New York. He referred to "all of the soldier's children", but did not state any names of said children. The name of the soldier's wife, and the date and place of their marriage are not given. The soldier was deceased in 1851.
In 1832, the soldier's brother, Jacob J. Failing, was a resident of Oppenheim, New York.
In order to obtain the date of last payment of pension, name of person paid, and possibly, the date of death of this pensioner, you should address The Comptroller General, General Accounting Office, Records Division, this city, and cite the following:
John J. Failing Certificate #8470 Issued May 6, 1833 Rate $60 per annum Commenced March 4, 1831 Act of June 7, 1832 New York Agency.
Very truly yours,
A. D. HILLER, Executive Assistant to the Administrator.
The date of death given on our Agency Book is incorrect. It is the date death of John H Failing - see our file - W. 19242.